Can An ESA Be Denied Due To Breed?

Reviewed By Kyoko •  Updated: 04/09/22 •  3 min read
ESA
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Can An ESA Be Denied Due To Breed?

Any dog breed can be trained to become service dogs and emotional support animals (ESA) for people with disabilities. In fact, ESA dogs are becoming more popular each year. These animals are being used to help people with many different types of disabilities.

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Do You Qualify For An Emotional Support Animal?

We help people get the proper documentation to make their pet an official Emotional Support Animal. Online approval in minutes - Housing & Travel letters.

People who suffer from anxiety, depression, and PTSD can benefit from the calming presence of an ESA dog.

Emotional support animals are used by many people to improve their quality of life. These animals are generally well-behaved and friendly and help those who have mental disorders.

Unfortunately, there are some places that do not allow the use of emotional support animals, even if they are needed for a person’s well-being.

A few places that do not allow the use of emotional support animals include business offices, educational institutions, and shopping malls. However, even though your support animals can be denied due to their status as “support animals”, they can’t be denied access because of their breed.

There is no law that prohibits the use of emotional support animals based on their breed. It is possible that a business or facility might have breed-specific policies that are more strict than the law.

ESA Certificate
Do You Qualify For An Emotional Support Animal?

We help people get the proper documentation to make their pet an official Emotional Support Animal. Online approval in minutes - Housing & Travel letters.

However, those breed-specific policies can’t be used to deny an emotional support animal due to its breed.

Breed discrimination is prohibited by the federal Fair Housing Act (FHA), which prohibits discrimination based on race, color, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians), and disability. It also includes animals that may be perceived as service animals by people with disabilities, including emotional support animals.

The FHA protects people with disabilities from discrimination in the sale, rental, and financing of housing. This includes a person’s ability to keep an emotional support animal, which is often referred to as a “comfort animal.” The FHA states that any type of animal that provides emotional support can be considered an emotional support animal under the law.

Thus, even if a business does not allow emotional support animals for any other reason besides their status as “support animals”, they cannot deny an emotional support animal because of its breed.

In cases like this, a business or facility may have a separate policy that does not mention the word “service animal” or “support animal”. If that is the case, then an emotional support animal can be denied access. However, if the policy mentions “service animals” or “support animals”, then an emotional support animal cannot be denied access due to its breed.

It is important to note that there are also laws that allow people with disabilities to sue businesses and facilities for violations of the FHA. This means that if you are denied access because of your emotional support animal’s breed, you may be able to take legal action against the business or facility.

This will depend on whether your emotional support animal’s breed is covered by the FHA and whether it has been denied access due to its breed. If your emotional support animal has been denied access due to its breed, you should discuss this issue with an attorney who specializes in cases like this.

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Kyoko

Kyoko is from a family of 3 and moved to New York with her parents and siblings when she was 13. Kyoko is fond of spending a great amount of time with pets, specifically her beagle Luna and cat Missy. Her boyfriend often complains that she spends too much time giving attention to their animals. Kyoko has written dozens of articles concerning pets and is aiming at owning a pet shop one day!

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